South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

MONDAY, MARCH 6, 1995

Monday, March 6, 1995(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Heavenly Father, we thank You for Your nearness, Your love and Your forgiveness. In our problems, counsel us; in our sorrows, comfort us; in our strength, discipline us; in our weakness, sustain us. Set our plans free from errors and faults that blind, and from doubts and fears which assail us that thus we may have a clear vision of those ideals which call and challenge us to a life of honor and service. May we discharge the duties of this day with vigor and enthusiasm. Inspire within us an ever increasing devotion to things that matter most.

Make us, we pray, worthy of the past and equal to the present. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BAILEY moved that when the House adjourns, it adjourn in memory of James L. "Jimmy" Bryant of Rosinville, which was agreed to.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

As coordinator of The Columbia Prayer Committee I would like to request that the House Committee on Invitations include an invitation in its schedule of events.

The Columbia Prayer Committee will be hosting a reception/talk for Dr. William Lane Craig from 9:00 - 10:00 A.M. on Thursday, March 23, 1995. This reception will be in the board room of the Lt. Governor's office in the State House. All of the members of the General Assembly are invited to hear Dr. Craig address the topic "Why We Need God For A Basis Of Moral Absolutes." Refreshments will be provided.

This event is endorsed by Senator Joe Wilson and Rep. Terry Haskins.

Thank you for your consideration of this request. I look forward to hearing from you.

Sincerely,
Lee Adams
Executive Director
Frontline Ministries

CONCURRENT RESOLUTION

The following was introduced:

H. 3747 -- Reps. Harvin and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA TUITION GRANTS PROGRAM ON ITS SILVER ANNIVERSARY AND COMMENDING THIS PROGRAM FOR ITS EXCELLENT WORK.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3748 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JASON DOOLEY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3749 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR ELLIOTT HOLMAN, JR., OF ANDERSON COUNTY ON BEING CHOSEN "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

Whereas, the members of the General Assembly learned with deep regret that Dr. G. B. Hodge of Spartanburg has resigned as chairman of the Spartanburg County Commission for Higher Education; and

Whereas, the Spartanburg County Commission for Higher Education acts as the advisory board for USC-Spartanburg, and throughout its existence has ensured the growth and development of one of this state's very fine regional institutions of higher learning; and

Whereas, both the Commission for Higher Education and USCS were founded in 1967, and Dr. Hodge has served both faithfully since their inception; and

Whereas, as chairman of the commission, he has been the person most responsible for the excellent institution which USCS has become and his contributions include the securing of the institution's new physical plant, the development of a rigorous academic curriculum including the introduction of graduate studies and masters programs, and the acquisition of new leadership for the university which will help it continue to move forward; and

Whereas, Dr. Hodge is a native of Spartanburg, a graduate of Wofford College and the Vanderbilt University School of Medicine, and since 1948 has engaged in the private practice of general, thoracic, and cardiovascular surgery in Spartanburg, and in the process became one of the most respected members of the Spartanburg medical community and its first board certified surgeon; and

Whereas, the General Assembly, by this resolution, would like to publicly recognize and thank this truly outstanding man for his contributions to the university which he loves so much and for his other contributions to the Spartanburg community, not only as a leader in education, but in medicine and other civic endeavors as well. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly commend Dr. G. B. Hodge of Spartanburg for his twenty-eight years of devoted service to the University of South Carolina-Spartanburg upon his resignation as chairman of the Spartanburg County Commission for Higher Education.

Be it further resolved that Dr. Hodge is hereby designated Chairman Emeritus of the Spartanburg County Commission for Higher Education.

Be it further resolved that a copy of this resolution be forwarded to
Dr. Hodge.

The Concurrent Resolution was returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

Without reference.

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3752 -- Rep. Wright: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DETERMINATION OF EARNABLE COMPENSATION FOR ESTABLISHING CREDIT FOR MILITARY SERVICE AND TO DELETE AN OBSOLETE PROVISION.

Referred to Committee on Ways and Means.

H. 3753 -- Rep. P. Harris: A BILL TO AMEND SECTION 9-9-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW ACTIVE DUTY SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD TO BE ESTABLISHED IN THE MANNER THAT MILITARY SERVICE MAY BE ESTABLISHED.

Referred to Committee on Ways and Means.

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

Referred to Spartanburg Delegation.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

The SPEAKER granted Rep. McKAY a temporary leave of absence due to an accident.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3690, the Supplemental Appropriation Bill from surplus from 1994-95, be set for Special Order immediately after second reading of H. 3362, the General Appropriation Bill, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3690, the Supplemental Appropriation Bill from surplus from 1994-95, the Bills on the Calendar be printed by number only, which was agreed to.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

S. 48--POINT OF ORDER

The following Bill was taken up.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

Rep. H. BROWN moved to adjourn debate upon the Bill.

Rep. SHEHEEN moved to table the motion, which was agreed to.

POINT OF ORDER

Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3736--POINT OF ORDER

The following Bill was taken up.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Rep. H. BROWN explained the Bill.

POINT OF ORDER

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. J. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

Rep. MARCHBANKS moved to adjourn debate upon the section, which was adopted.

SECTION 3C

Section 3C was adopted.

SECTION 3D

Section 3D was adopted.

SECTION 3E

Section 3E was adopted.

SECTION 3F

Section 3F was adopted.

SECTION 3G--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 3H

Section 3H was adopted.

SECTION 4A

Section 4A was adopted.

SECTION 4B

Section 4B was adopted.

SECTION 5--AMENDED AND DEBATE ADJOURNED

Rep. MARCHBANKS proposed the following Amendment No. 6 (Doc Name L:\h-wm\legis\amend\DC8), which was adopted.

Amend the bill, as and if amended, Part IA, Section 5, Administrative Law Judges, page 29, line 13, by inserting a new item /Non-Recurring Appropriation - Judges Training/ and by increasing the amount in columns (5) and (6) by /$10,775/.

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 6A

Section 6A was adopted.

SECTION 6B--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

SECTION 6C

Section 6C was adopted.

SECTION 6D

Section 6D was adopted.

SECTION 7--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

Amend the bill, as and if amended, Part IA, Section 10, State Treasurer's Office, page 0042, after line 12, by inserting a new item: /Non-Recurring Appropriation - Computer Upgrades/ and by increasing the amount in columns (5) and (6) by /$65,950/

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

Rep. WHITE moved to adjourn debate upon the section, which was adopted.

I voted against raiding the capital gains fund to increase state employees base pay by $10,800,000.00 due to the fact that I have a forthcoming amendment to remove $11,400,000 in Highway fund interest funds and apply that revenue to base pay for state employees.

Rep. J. GARY SIMRILL

Rep. H. BROWN moved to adjourn debate upon the section.

Rep. KIRSH moved to table the motion.

Rep. TUCKER demanded the yeas and nays, which were taken resulting as follows:

Rep. McABEE proposed the following Amendment No. 30 (Doc Name L:\h-wm\legis\amend\CJ.026), which was tabled.

Amend the bill, as and if amended, Part IA, Section 46, Clemson University (Public Service Activities), Page 0303, Line 3, opposite /Classified Positions/ by increasing the amounts in columns (5) and (6) by /$224,646/

Amend further, page 0303, Line 4, by increasing the amounts in columns (5) and (6) by /6.4/ FTEs.

Amend further, Page 0303, Line 5, opposite /Unclassified Position/ by increasing the amounts in columns (5) and (6) by /$248,382/.

Amend further, Page 0303, Line 6, by increasing the amounts in columns (5) and (6) by /6.82/ FTEs.

Amend further, Page 0303, Line 17, opposite /Classified positions/ by increasing the amounts in columns (5) and (6) by /$163,554/.

Amend further, Page 0303, Line 18, by increasing the amounts in columns (5) and (6) by /6.0/ FTEs.

Amend further, Page 0303, Line 19, opposite /Unclassified Positions/ by increasing the amounts in columns (5) and (6) by /$376,923/.

Amend further, Page 0303, Line 20, by increasing the amounts in columns (5) and (6) by /9.75/ FTEs.

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

Rep. HALLMAN spoke against the amendment and moved to table the amendment.

Rep. McABEE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 63 to 33.

Section 46 was adopted.

SECTION 47--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the section, which was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49--ADOPTED

Rep. McABEE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\PFM\7235BDW.95), which was tabled.

Amend the bill, as and if amended, Part IA, SECTION 49, page 317, after line 21, by inserting:
(5) (6)
/HERITAGE CORRIDOR 50,000 50,000/

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

Rep. HALLMAN spoke against the amendment.

Rep. McABEE spoke in favor of the amendment.

Rep. HALLMAN spoke against the amendment and moved to table the amendment.

Rep. McABEE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 57 to 31.

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 52A

Section 52A was adopted.

SECTION 53

Section 53 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56

Section 56 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 54--RECONSIDERED AND DEBATE ADJOURNED

Rep. J. BROWN moved to reconsider the vote whereby Section 54 was adopted, which was agreed to.

Rep. KEEGAN explained the section and moved to adjourn debate upon the section, which was adopted.

SECTION 68A

Section 68A was adopted.

SECTION 68B

Section 68B was adopted.

SECTION 69--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

PART IBSECTION 1--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 2A

Section 2A was adopted.

SECTION 3--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 25 (Doc Name L:\h-wm\legis\amend\DC.2), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, House of Representatives, paragraph 35, page 379, line 38, by inserting /at a member's request, the House Operations and Management Committee may use any unexpended portion of a member's allotment to purchase equipment for a member's office./

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 385, Line 3, by adding an appropriately numbered proviso at the end to read /3 (Financing Public Education) A joint House and Senate study committee shall be established to examine the financing of public education. Members shall include the State Superintendent of Education or his designee, two representatives of House Education and Public Works, two House Ways and Means, two Senate Education, two Senate Finance, and the Speaker of the House, or his designee, and the Lt. Governor, or his designee. The Governor shall designate a representative of his office. The committee shall issue its recommendations for improvement in a report to be submitted to the Legislature by December 1, 1995. The committee shall develop recommendations for improving the financing of public education by addressing equity, efficiency, and cost saving measures. The committee shall also recommend changes to simplify the state budgeting and appropriation process to provide greater school district flexibility as they strive to meet educational goals. The committee shall examine all sources of education funding and study the feasibility and desirability of providing for a single funding mechanism for all of state funding sources. Agencies receiving appropriations in this bill shall cooperate with the study committee in its work. Up to $4,000 in General Funds appropriated in this Act to House and Senate accounts may be used to assist the committee in its work./

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. WALKER spoke in favor of the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 84 was out of order as it was not germane.

The SPEAKER stated that it met the criteria of Rule 5.3 in that it was regulations, directives and procedures relative to funds and revenue. He further stated that it specifically mentioned expenditures up to $4,000.00 in general funds and the study itself dealt with the finances of public education.

Rep. WHITE questioned whether there was a line item to fund the committee.

The SPEAKER stated that he was not required to find a line item for Part IB as he would be for Part II. He further stated that under Rule 5.3, there was a stricter requirement for permanent provisos than there was for the temporary provisos and that it did meet the germaneness criteria and he overruled the Point of Order.

The amendment was then adopted.

PARAGRAPH 57--STRICKEN FROM SECTION 3BY POINT OF ORDERPOINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 57 on Page 382 of the Bill was out of order as it was not germane.

The SPEAKER stated that it did not affect revenue and it was not a rule, regulation, directive or procedure relating to that.

Rep. HARRELL stated that Lines 28-29 on Page 384 could make it germane.

Rep. SHEHEEN stated that those lines did not make it germane and it did not relate to rules or procedures under Rule 5.3 and it did not affect revenue or appropriate money.

The SPEAKER stated that it did not relate to an appropriation of revenue and it did not affect revenue and he sustained the Point of Order and ordered the paragraph stricken from the Bill.

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 385, Line 3, by adding an appropriately numbered paragraph to read: /There is created a Joint Legislative Ad Hoc Committee to study and develop a plan for the implementation of a voucher system for the financing of public education in South Carolina. Three members shall be appointed from the Senate by the President thereof and three members shall be appointed from the House of Representatives by the Speaker. The study will consider and review 1) a phased-in approach to a voucher system, 2) giving first preference to families under the poverty level, 3) phasing-in the high school grades first, 4) options of attending a public or private school, 5) basing the voucher amount on the family income, and 6) transportation as a part of the voucher system. Expenses of the legislative members of the study committee shall be paid from the approved accounts of their respective bodies and shall be limited to transportation costs only. The study committee will provide a plan and make a report by January 1, 1996 to the Senate and House Education Committees, the Senate Finance Committee and the House Ways and Means Committee./

Renumber sections & amend totals/title to conform.

Rep. VAUGHN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 85 was out of order as it was not germane.

Rep. VAUGHN argued contra the Point in stating that the second page of the amendment showed that the expenses of the study committee would come out of the legislative money.

The SPEAKER stated that it dealt with the implementation for a voucher system for the financing of public education and called for payment to be made by the House and Senate from approved accounts for travel and it was germane and he overruled the Point of Order.

Rep. VAUGHN continued speaking.

Rep. SPEARMAN moved to table the amendment.

Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:

Reps. MEACHAM, KELLEY, WALKER, NEILSON and R. SMITH proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\JIC\5523HTC.95), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 385, by adding an appropriately numbered paragraph at the end to read:

/3.___ (LEG: House Ethics Committee)

The House of Representatives Legislative Ethics Committee shall deposit revenues from penalties assessed by the committee and copying of documents into approved accounts of the House and shall use these funds as approved by the Speaker of the House./

Renumber sections to conform.

Amend totals and title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 85--MOTION TO RECONSIDER REJECTED

Rep. WHATLEY moved to reconsider the vote whereby Amendment No. 85 was tabled.

Rep. WALKER moved to table the motion.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

I voted to allow a study of a voucher system in S.C. I am not in favor of a voucher at this juncture. But I think a study will help determine the overall effect of a voucher system.

Rep. J. GARY SIMRILL

SECTION 4A--ADOPTED

Rep. STILLE proposed the following Amendment No. 93 (Doc Name L:\h-wm\legis\amend\DH.31), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4, Judicial, Paragraph 4.2, Page 385, Line 8, by striking it in its entirety and inserting /Every county shall provide for each circuit and family judge residing therein, an office with all utilities including a private telephone./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Reps. QUINN and BAXLEY spoke against the amendment.

Rep. BAXLEY moved to table the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.

Rep. KIRSH continued speaking.

LEAVE OF ABSENCE

The SPEAKER granted Rep. D. SMITH a leave of absence for the remainder of the day.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. McELVEEN spoke upon the amendment and moved to adjourn debate upon the section.

Rep. KIRSH moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was agreed to.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ASKINS a leave of absence for the remainder of the day.

SECTION 12--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the section, which was adopted.

SECTION 13

Rep. QUINN explained the section.

Section 13 was adopted.

SECTION 14--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.

SECTION 15--AMENDED AND ADOPTED

Rep. MARCHBANKS proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\DC15), which was adopted.

Amend the bill, as and if amended, Part IB, Section 15, Adjutant General's Office, page 395, after line 14, by inserting a new appropriately numbered paragraph to read: The Adjutant General is authorized to develop and implement an armory rental program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental program must be uniform in its application to the maximum extent possible. Funds generated by this program may be retained and expended for armory maintenance and operations.

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

Section 15 as amended was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17--ADOPTED

Reps. BAXLEY, NEILSON and HINES proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\BR1\18249AC.95), which was tabled.

Amend the bill, as and if amended, Part IB, FO0 - Section 17 - Budget and Control Board, page 397, by adding an appropriately numbered paragraph after line 2 to read:

/__. Of the revenue in the Insurance Reserve Fund $250,000 must be transferred to the Probate Relief Fund created in Section 14-23-1150, and these monies must be repaid by the Probate Relief Fund to the Insurance Reserve Fund from funds received in accordance with Section 14-23-1105 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. MARCHBANKS moved to table the amendment.

Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 17D--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 17E--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 17F--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 17G

Section 17G was adopted.

SECTION 18A - 18N--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 19-19A--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the section, which was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25--AMENDED AND ADOPTED

Rep. KOON proposed the following Amendment No. 88 (Doc Name L:\h-wm\legis\amend\VC.15), which was adopted.

Amend the bill, as and if amended, Part IB, Section 25, Confederate Relic Room, Page 439, by adding an appropriately numbered paragraph to read /The Confederate Relic Room is authorized to collect, retain and expend fees from research and photographic processing requests/

Renumber sections & amend totals/title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

Section 25 as amended was adopted.

SECTION 26--DEBATE ADJOURNED

Rep. WILKES moved to adjourn debate upon the section, which was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. BROWN a leave of absence for the remainder of the day.

SECTION 29--AMENDED AND ADOPTED

Rep. KEYSERLING proposed the following Amendment No. 45 (Doc Name L:\h-wm\legis\amend\VC.1), which was adopted.

Amend the bill, as and if amended, Part IB, Section 29, DHHS, Page 442, Line 6, by adding an appropriately numbered paragraph to read /The Department of Health and Human Services and the Department of Insurance shall report to the Ways and Means Committee and Senate Finance by January 15, 1996 on the impact of amending the State's Medicaid Plan to provide asset protection for potential medicaid long-term care recipients who purchase approved long-term care insurance policies. This report must identify costs associated with implementing this program as well as the impact on service availability for the current group of long-term care eligibles./

Amend the bill, as and if amended, Part IB, Section 30, DHEC, paragraph 22, page 447, line 24, opposite /DHEC: Safe Drinking Water Act/, by deleting the paragraph in its entirety.

Renumber sections & amend totals/title to conform.

Rep. COOPER explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day.

Rep. FELDER spoke against the amendment.

Rep. COOPER spoke in favor of the amendment.

Rep. COOPER moved to adjourn debate upon the section, which was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38--ADOPTED

Rep. SCOTT proposed the following Amendment No. 117 (Doc Name L:\council\legis\amend\GJK\21532AC.95), which was ruled out of order.

Amend the bill, as and if amended, Part IB, L-32, Section 38, Housing Finance and Development Authority, by adding an appropriately numbered paragraph to read:

/Lenders which are unable to meet the qualifications contained in Section 201 may be approved to participate in the Housing Finance and Development Authority's Homeownership Mortgage Purchase Programs as a correspondent lender. Approval for correspondent lenders is granted on a statewide basis.

In order to qualify for participation, a lender must be sponsored by a lender which is a state chartered bank or national banking association or a state or federally chartered savings and loan association or federal savings bank and which is approved to participate in the authority's programs pursuant to Section 201. The sponsoring lender must be a party to the correspondent lender's mortgage purchase agreement with the authority and must assume complete financial responsibility for the obligations of its correspondent lender including, but not limited to, responsibility for repurchasing any mortgage loan originated by the correspondent lender and purchased by the authority.

Correspondent lenders approved to participate in the homeownership programs are required to maintain their eligibility by providing information and by providing evidence of the continuation of its relationship with its sponsoring lender.

To participate in the Homeownership Mortgage Purchase Programs, a correspondent lender must be a:

Rep. HASKINS raised the Point of Order that Amendment No. 117 was out of order as it was not germane.

Rep. SCOTT argued contra the Point in stating that it was germane in terms of the budget as it provided for provisions for bonds and bond indebtedness for the State. He further stated that it related to the State Housing Authority.

The SPEAKER questioned the reference to Section 201 in the amendment.

Rep. SCOTT stated that Section 201 was the guidelines the Authority set out in terms of those individuals who will participate under the bond program for lending across the State. He further stated that the lending of the funds generated revenue.

The SPEAKER stated, citing Rule 5.3, that it did not have any substantial effect or impact on the general fund and he sustained the Point of Order and ruled the Amendment out of order.

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the section, which was adopted.

SECTION 50

Section 50 was adopted.

SECTION 54--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the section, which was adopted.

SECTION 59--DEBATE ADJOURNED

Rep. RICHARDSON moved to adjourn debate upon the section, which was adopted.

Amend the bill, as and if amended, Part IB, Section 68A, Aid to Subdivisions-Comptroller General, Page 475, Line 6, by adding an appropriately numbered paragraph to read: /The General Assembly, in the annual Appropriations Act, shall appropriate funds in the fiscal year beginning July 1, 1995, into the State Property Tax Relief Fund for the purpose of providing partial homestead property tax relief. For fiscal years beginning after June 30, 1996, the General Assembly shall, in addition to the funds appropriated in the fiscal year beginning July 1, 1995, appropriate one-half of the estimated recurring revenues expected for the fiscal year until such time that the phase-out of the residential property tax is complete./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 68B

Section 68B was adopted.

SECTION 69--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the section, which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, by adding an appropriately numbered paragraph to read: /The Budget Division of the Budget and Control Board shall impose an across-the-board reduction of agency budgets funded in this Act in a total amount of $5,000,000. This reduction shall be applied across-the-board to agency travel and equipment budgets for the current year. This reduction in federal funds shall not be applied to the HHSFC, the Department of Public Education and funding items which match federal funds. The following items are exempted from this reduction: Aid to Subdivisions, Capital Reserve Fund, & Debt Service./

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. FELDER spoke against the amendment.

Rep. NEAL spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Page 483, Paragraph 24, Line 20, by inserting a new line at the end to read: /However, State Retirees are subject to the earnings limitation contained in Paragraph 72.47./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

Rep. ROGERS moved to adjourn debate upon the amendment, which was adopted.

Rep. STILLE proposed the following Amendment No. 96 (Doc Name L:\h-wm\legis\amend\DH.30), which was tabled.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Page 488, Line 34, Item F, by striking the item in its entirety and inserting /No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.

Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. QUINN moved to table the amendment.

Rep. STILLE demanded the yeas and nays, which were taken resulting as follows: